- (1.) The appellant challenges the Award dated 28th October, 2003, passed by the IInd Addl. District Judge, Panaji in Land Acquisition Case No.56/1996, dismissing the reference.
(2.) By Notification dated 19.9.1991, an area admeasuring 12,050.00 sq. metres, forming part of Survey No.306 (part), situated in Village Dhargal, Pernem Taluka was acquired for the Konkan Railway Corporation Ltd. The Land Acquisition Officer fixed the market rate at the rate of Rs.14.40 per sq. metre by Award dated 28 th January, 1994. The appellant sought reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter, referred to as 'the Act'), claiming compensation at the rate of Rs.100/- per sq. metre. In Land Acquisition Case No.56/96, the applicant examined three witnesses and the respondent examined none. After considering the evidence led by the appellant, the reference Court held that the appellant was not entitled to any higher compensation and consequently, rejected the reference.
(3.) Mr. Dessai, learned Senior Counsel appearing for the appellant, at the outset submitted that this is a fit case in which an order of remand ought to be passed since the reference Court has not considered the documentary evidence in the nature of five Judgments and Awards which were produced before the reference Court. The learned Counsel invited our attention to two applications, one dated 3.3.200 and the other dated 25.1.2002 and the orders passed on the said applications. By the said orders, the appellant who was the applicants before the reference Court, was permitted to rely upon and produce five different Judgments and Awards.;